Frazier v. Louisville & Nashville Railroad

Opinion op the Court by

Judge Willis

Affirming.

S. H. Frazier instituted an action against tbe Louisville & Nashville Railroad Company to recover damages for injuries to his property, caused, as he alleged, by the negligence of the railroad company. Frazier’s farm contains about 165 acres, and both the railroad and a creek known as Old House Branch run through it. The railroad constructed a fill or embankment in front of plaintiff’s residence and, a culvert under the fill to carry the natural flow of the water in the creek. The house and railroad track were practically on the same level. In May,…